Borders

In a series of audio documentaries, “Aux Confins de l’Europe”, Swiss radio show Babylone follows the road taken by undocumented migrants when they cross the eastern border of the EU. They have fled their countries of origin – Morocco, Tunisia, Algeria, Guinea, Sudan, Iraq, Afghanistan or Pakistan – and their goal is to reach Italy and Northern Europe. The majority cross Turkey and Greece (in 2010, 9 out of 10 migrants entered Europe irregularly through the Greek Evros region). This two-part documentary tells the story of these migrants, from the ferries of Patras harbour to the riots in the streets of Athens.

ITALY / 26 bodies found dead off Gabes gulf

Of the more than 800 migrants en route to Italy whose boats which ran aground on 1 June 2011, a total of 26 bodies were found dead in the Gulf of Gabes, off the coast of Tunisia. The bodies are being identified through digital fingerprints, pictures and DNA tests. Between 200 and 270 are likely to be missing, driven away by strong sea streams. Search operations continue, while the ship has sunk to the bottom of the sea.
Source: La Repubblica, 6 June 2011

United Nations

ILO / Domestic Workers Have a Convention!

The International Labour Organisation (ILO) adopted the text of a Convention on Decent Work for Domestic Workers and a non-binding Recommendation at its 100th Session held in Geneva, Switzerland from 1-13 June 2011. This marks a significant recognition of domestic workers, most of whom are women and girls, as workers by the international community. The Convention bestows domestic workers the same labour rights and standards as any other workers, recognises their right to join and form trade unions; to be informed of their terms of employment, to retain their travel and identity documents; to work in safe and healthy workplaces subject to labour inspection; to social protection benefits, including maternity benefits; and the right not to be subject to mandatory HIV testing as is the current practice in many countries. While adoption of the text will help to bring domestic workers, including migrant domestic workers, out of the informal sector, ongoing lobbying, awareness raising and advocacy is necessary to persuade governments to not only ratify the Convention, but to properly implement and monitor the provisions the Convention stipulates. For more information visit the ILO website.
Source: Migrant Forum in Asia, June 16 2011

LIBYA / Account from survivor of boat fleeing Libya

On 12 May 2011, UNHCR Staff met with three Oromo Ethiopian men in a camp in Tunisia who told the story of their failed attempt to flee to Europe onboard a 12 metre boat carrying 70 other people. The boat ran out of fuel, food and water and drifted for more than two weeks before coming back to Libya. The survivors told about the death of more than 60 passengers and the encounter with two military vessels who refused to help them at sea. After arrival on a Libyan beach, they were jailed by Libyan police before coming to Tunisia.
Source: UNHCR, 13 May 2011

LIBYA / Reports of migrants being forcibly expulsed to Italy by Libyan authorities

On his blog “Fortress Europe”, Italian journalist and writer Gabriele del Grande describes how migrants in Libya were allegedly forced by Libyan soldiers to travel by boat to Italy. It is estimated that more than 14,000 migrants have been expulsed by Libya in the past three months, without any consideration for their safety at sea. The article also interviews three migrants and tells their personal story.

European Policy Developments

COUNCIL OF EUROPE / Commissioner for Human Rights criticizes detention of migrants in Malta as “irreconcilable with human rights standards’

Thomas Hammarberg, Council of Europe Commissioner for Human Rights, has said that he considers the policy of mandatory administrative detention for arriving migrants as irreconcilable with human rights standards. While praising the Maltese authorities’ long-standing efforts to rescue irregular migrants at sea, Maltese authorities should, he said, implement alternatives to detention and make effective remedies to challenge detention available to migrants. He expressed particular concern regarding the detention of vulnerable adults, families with children and unaccompanied children. His report, released on 9 June 2011, follows a visit to Malta in March 2011. The Ministry of Home Affairs has responded that the recommendation for Malta to consider alternatives to detention is not feasible in the local context. Download the report (EN) here.
Source: Council of Europe Commissioner for Human Rights, 9 June 2011; The Times of Malta, 9 June 2011

COUNCIL OF THE EU / Justice and Home Affairs Council conclusions on migration

European Justice and Home Affairs Ministers met on 9 June 2011 to discuss the Frontex regulation review, Common European Asylum System, the Schengen crisis and the Commission’s Global Approach to Migration. Ministers reinforced the necessity to strengthen Frontex and adopted a set of conclusions relating to borders, migration and asylum. The ministers called for the strengthening of external border protection and welcomed the Commission’s Communication on Migration of 4 May 2011, which explores the possibility of an EU mechanism for the temporary reintroduction of border controls at the internal borders. On the same day, the European Network Against Racism (ENAR) issued a press release entitled “Are 30,000 immigrants all it takes to put an end to freedom of movement in the EU?” where it expresses concern over these recent proposals to re-introduce internal EU border controls and called on EU member states not to give in to fear and populism when discussing or deciding on migration-related issues.
Source: Council of the Europe Union, 9-10 June 2011; ENAR Press Release, 9 June 2011

EUROPEAN PARLIAMENT / Draft LIBE report on the proposal for a directive on seasonal work

MEP Claude Moraes (UK, Social Democrat group) has published his draft report on the European Commission’s proposal for a directive on the conditions of entry and residence of third country nationals for the purpose of seasonal employment (COM (2010) 379) (the so-called “seasonal migrant workers’ directive). The draft report suggests important amendments to the proposal that will be discussed for the first time within the Parliament’s Civil Liberties, Justice and Home Affairs (LIBE) Committee on 16 June 2011. The draft report would significantly extend the scope of beneficiaries and reinforce the conditions for equal treatment, decent working and housing conditions.
Source: European Parliament, 8 June 2011

The network Migreurop has published a critical chronology of the European migration policy, by Migreurope member Alain Morice.

National Developments

GREECE / Re-launch of the fence and angry statements against irregular migration

Despite different past reports affirming the contrary, the Greek Minister for Citizen Protection, Christos Papoutsis, stated on 5 May 2011 that the fence that should stop migrants to enter irregularly the country from Turkey will be soon a reality. Meanwhile, the respected Greek composer Dionysis Savvopoulos urged the authorities to declare a state of emergency and remove all irregular migrants from the centre of Athens and send them to Aegan islands to do farm work. The same Ministry added a few days after that he was proceeding with immediate repatriation of all irregular migrants.
Source: Migration News Sheet, June 2011

Irregular stay will not be subject to detention, but rather a fine and is therefore not considered a crime but merely an offence. This verdict will lead to the immediate expulsion of undocumented migrants instead of detention. It is said that offering assistance to people without papers is no longer a crime. However, the PVV party, which agreed to back the minority government, has said it will not accept this change of policy.
Source: De Volkskrant, 8 June 2011

UK / “Clearing the backlog of legacy asylum cases” or another way to say “amnesty”

In a reply to a parliamentary question the government revealed that since 2003, 8,948 irregular migrants had been granted the right of permanent residence, benefiting from a rule formalized in 2003 that gives foreigners without a residence permit that have been living in the UK for 14 years, speak English and have a clean criminal record to regularise. This number, if added to the number of rejected asylum seekers who have received a permit of stay, adds up to a total of 200,000 irregular migrants regularised in the last decades, a process that UK authorities refer to as “clearing the backlog of legacy asylum cases”. The word “amnesty” is almost a taboo in the UK.
Source: Migration News Sheet, June 2011

UK / British government ties migration and security as one in preparation for the Olympics

The Home Secretary, Mrs. May, inspected border controls and security at Calais and the Channel Tunnel in order to ensure that undocumented migrants did not try to use the 2012 Olympics as a reason to get into the UK. The government is concerned that people from North African countries caught up in the Arab Spring unrest could try to settle in Britain. Although the exodus has not yet reached Britain, she said that it was important to see what could happen in the future. Mrs May said practical co-operation and not burden-sharing was the way to stop tens of thousands of migrants fleeing the turmoil in North Africa from flooding Britain. She also reported that joint operations between UK and French officials had cut the number of people trying to get to Britain from the Port of Calais by 70 per cent.
Source: The Telegraph, 6 June 2011

USA / The state of Alabama signs legislation which criminalizes undocumented migrants and those that assist them

The state of Alabama has signed legislation which goes even further than the contested Arizona legislation. In addition to allowing law enforcement officers to arrest and detain anyone they suspect of being in the country without authorization, Alabama’s measure introduces new rules for educators, would-be landlords, and businesses which would criminalize interactions with undocumented migrants. For example, public schools will have to confirm students’ legal residency status through birth certificates or sworn affidavits; undocumented migrants are banned from attending state colleges; and transporting, harbouring, or renting property to undocumented migrants will be considered illegal. Such law will have grave effects on families with mixed legal status. In the state of Georgia, civil rights and immigration groups have filed an injunction against a Georgia legislation which was signed into law in May 2011, which allows law enforcement authorities to ask for immigration papers at routine traffic violations. The National Immigration Law Center (NILC) had created a map which provides an overview of states in the US that have enacted or introduced anti-immigrant legislation since 10 June 2011 (link below).
Source: NILC, 10 June 2011; PBS, 10 June 2011; Jurist, 9 June 2011

Health Care

GERMANY / German Red Cross publishes report on the life of undocumented migrants

The German Red Cross published a position paper entitled “Life in illegal residency” focusing on irregular migrants, one of the most vulnerable groups in Germany. The position paper – available both in German and English – calls for an unlimited access to basic human rights such as health care, legal protection and education for everyone, including irregular residents.

USA / Vermont signs into law a single-payer system which includes undocumented migrants

The US state of Vermont signed into law a single-payer system to implement national health care reform. It is the first state to initiate such as law and was instigated since many hospitals were closing down their emergency rooms because of rising costs, places which often serve as the last resort for care for the uninsured and for undocumented immigrants. According to the Kaiser Family Foundation, 44.4 % of Latinos lack insurance, as well as 28.5 % of black people and 21.2 % of Asian Americans. In contrast, 16.5 % of whites do not have coverage. The state of Vermont takes one bold step towards reversing these disparities by extending coverage to the thousands of undocumented workers who work in the state, often isolated. That victory comes after a two-year, people-led movement to fight for single-payer care, under the banner of “Healthcare is a Human Right”.
Source: Colorlines, 10 June 2011

Labour and Fair Working Conditions

EU / REPORT / Public conference of 29 March 2011 on Destitution of Migrants in Europe now available

On 29 March 2011, Jesuit Refugee Service Europe, together with Caritas Europa, ETUC and UNHCR, organised a public conference on “The Invisible Borders: Destitution of Migrants in Europe” which focused on migrants who are excluded from society due to various reasons: rejected asylum claims, fear of being reported to authorities amongst others. The current picture shows that thousands of migrants across Europe are denied their fundamental human rights and have no, or barely access to healthcare, education, social welfare, housing, and employment.

GERMANY / Research network founded on migrant domestic workers

An international research network of the Kassel University (Germany) bringing together more than 100 researchers on the topic of migrant domestic work was founded on 12 June 2011, in the context of the negotiations on a Convention on “Decent Work for Domestic Workers” at the International Labor Organization in Geneva. This research network closely works with unions and domestic workers’ organizations in order to improve working conditions of domestic workers and to accompany the ratification process of the Convention.

ISRAEL / Israeli legislature passes “Slavery Law”

An amendment to the Israel Entry Law – also known as the “Slavery Law” – passed its final vote in the Israeli legislature, the Knesset, on 16 May 2011, in a 26-6 vote, despite widespread opposition from human rights organizations and leading legal experts. The new law jeopardizes the fundamental human rights of approximately 55,000 migrant workers in the nursing professions in Israel, the majority of which are women. The law enables the Minister of Interior to restrict the number of times a migrant caregiver can change employers, to limit workers to specific geographical areas, and to confine them to specific subsections of the nursing services. The amendment constitutes an attempt to circumvent the High Court of Justice by restoring conditions similar to (indeed, more restrictive than) the earlier “binding arrangement” of migrant workers to their employers, which the High Court found to be unconstitutional in 2006, for “creating a modern form of slavery” following a petition by five human rights organizations.
Source: The Association for Civil Rights in Israel, 18 May 2011; Kav LaOved, 24 May 2011

ITALY / Changing policy towards migrant workers

According to a detailed report by the Ministry of Welfare from February 2011, Italy will need foreign workforce amounting to 100,000 persons between 2011-2015 and 260,000 between 2016-2020. Consequently, the new intention of the Minister of Interior, Roberto Maroni, is to exclude migrant workers in possession of a contract from the fixed yearly quota of migrants allowed to enter the country. Natale Forlani, Director General of the Department of Immigration from the Ministry of Labour, explains this shall become possible by strengthening bilateral agreements with third countries and allowing broker agencies to also recruit and train foreign workforce from the countries migrants originate. Italy has currently signed such bilateral agreements with Egypt, Morocco, Albania and Moldova, and intends to reach bilateral agreements with eight more countries. In the future the quota might directly reflect the actual need of foreign workforce.
Source: La Repubblica, 4 June 2011

UK / REPORT / Joseph Rowntree Foundation explores forced labour

The recent report published in June 2011 by the Joseph Rowntree Foundation explores the situation of new migrants in forced labour in Northern Ireland and outlines a number of recommendations to tackle the problem. Cases of severe exploitation and forced labour, including poor working conditions, low pay, restricted movements and verbal and physical abuse are reported among Filipino and Romanian Roma migrants working in the fishing, mushroom and catering industries. The full report is available here.

The International Trade Union Confederation has published a report called “Hidden faces of the Gulf miracle” which explores the rights and living conditions of migrant workers in Doha (Qatar) and Dubai (UAE). The 24-page document also addresses the issue of irregular immigrants and their situation in those countries. The full report can be found here.

UK / New reforms expected for overseas domestic worker visa program

In a new set of proposed immigration reforms, the coalition government has announced it intends to reform the overseas domestic worker visa, by either closing it altogether or by limiting it severely. Both outcomes could mean that migrant domestic workers, if able to enter the UK legally at all, would once again become tied to their employer in the UK and would have only limited legal stay in the country. Migrant’s’ rights groups such as Migrants’ Rights Network and Kalayaan believe that such a move could effectively return them to a state of bonded labour. In a blog responding to the legislation, MRN and Kalayaan states that if the domestic worker route is to continue, it will be limited to a short-term, non-renewable visa, probably tied to one employer. The coalition government claims this will allow employers time to recruit domestic workers instead from within the UK. But there is little evidence to support the claim that demand for domestic workers can be satisfied from within the domestic labour market. Kalayaan’s new report on the situation of domestic migrant workers in the UK draws on evidence collected over the last decade and demonstrates that they are highly vulnerable to abuse and exploitation. The research presents the Overseas Domestic Worker (ODW) visa as an effective way of protecting migrant domestic workers (MDW) and avoiding illegal trafficking of domestic workers. The report also focuses on domestic workers who enter the UK accompanying diplomats. These workers are shown to be 20 times more likely to be in slavery than those who work in private households. A copy of the report is available here.
Source: Migrants’ Rights Network, 13 June 2011; Home Office, 9 June 2011

USA / Convicted criminals needed to work on farms after undocumented workers leave the state of Georgia because of new immigration law

As reported in PICUM’s 23 May 2011 Bulletin, the state of Georgia passed a restrictive immigration law which would require employees’ immigration status to be confirmed by employers and during a time when a survey by Georgia’s agriculture commissioner found that state farm owners have 11,080 jobs that they need to fill. As a result, the governor has decided to send convicted criminals to fill farm jobs vacated by undocumented immigrants fleeing the state. The director of the Georgia Association of Latino Elected Officials believes the move won’t help save farmers which could lose $300 million because of the loss of migrant workers. The governor has issued a statement calling on the state’s commissioners of labor, corrections and agriculture to work together to connect unemployed probationers with a state agriculture industry now desperate for workers.
Source: Politico, 14 June 2011; PICUM Bulletin, 23 May 2011

USA / New bill would make E-Verify mandatory in all states

A bill that would require employers to electronically verify the immigration status of potential employees was introduced in the US House of Representatives. Proponents of the bill say it would help Americans get jobs while critics say it would hurt small businesses and immigrant employees. The measure calls for an expansion of the E-Verify system created under immigration legislation in 1996 and subsequently extended. The proposed Legal Workforce Act, or H.R. 2164, repeals the current paper-based I-9 system and gradually phases in mandatory participation for most employers. The National Immigration Law Center (NILC) released a statement noting that although the program is designed to push undocumented immigrants out of the workforce, its most serious flaw is that it categorically fails to achieve its stated purpose: it does not detect 54 percent of unauthorized workers who are put through the system.
Source: Reuters, 14 June 2011; NILC, 14 June 2011

Undocumented Women

USA / State Representative argues that undocumented women subject to sexual violence should have no access to justice

Massachusetts Republican Rep. Ryan Fattman stated that undocumented women deserve to fear reporting rape to the police because of their irregular migration status. Discredtiting concerns of the state governor and local law enforcement officials regarding the federal “Secure Communities” programme, Rep. Fattman agreed that using local police to enforce immigration laws could discourage reporting of crime by victims who are undocumented. When asked about the fear a women without a legal immigration status who were subject to sexual violence would have to report the crime to police, Mr. Fattman said “My thought is that if someone is here illegally (sic.), they should be afraid to come forward,” adding “If you do it the right way, you don’t have to be concerned about these things,” he said referring to obtaining legal immigration status.
Source: John J. Monahan, Telegram.com, 8 June 2011

Undocumented Children and Their Families

The Al Khaima association organises the “Third Summer School for Professionals Working with Minor Migrants in Spain and Morocco” which will take place from 27 June to 1 July 2011 in Tangier, Morocco.

GUIDE / Guide for Undocumented Youth in Removal Proceedings

The Asian Law Caucus has created a guide entitled “Education Not Deportation: Guide for Undocumented Youth in Removal Proceedings”, which is intended to aid certain undocumented students and their lawyers to fight effectively throughout a removal (deportation) proceeding. The guide is written specifically for students who have already sought all other options to avoid deportation, but the information should be valuable to all undocumented students and their attorneys. The organization uses previous cases where students and their attorneys have successfully maneuvered through their removal proceedings. Using these victories, this removal manual provides important instructions that can aid in the complicated process.
Source: Asian Law Caucus, June 2011

Detention and Deportation

FRANCE / “La Cimade” describes how EU law impacts the French expulsion system

On 25 May 2011, the French NGO “La Cimade” reported on recent developments in European Union policy and recent cases of the Court of Justice of the European Union which affect French policies on expulsion of undocumented migrants. Taking into account the implementation into French law of the EU “Return” directive and the ECJ case “El Hassen Dridi” of 28 April 2011, La Cimade described how French laws on expulsion are limited. Read the full entry here.

On 6 June 2011, Médecins Sans Frontières (MSF) released a report in which it highlights the inhumane living and hygiene conditions experienced by migrants detained in detention facilities in Evros, Greece. The report reveals that more than 60% of health problems experienced by detained migrants are “directly caused by or linked to the degrading conditions in which they are being held”. The MSF investigation also shows that the majority of migrants were healthy when they arrived and became ill during their detention. MSF concludes by urging the Greek authorities to address these health risks and ensure “dignified living conditions in detention centres”. In March 2011, the Ministry of Health took over the activities of MSF but the international humanitarian organisation continues parallel activities.
Source: MSF, 6 June 2011

GREECE / Opposition to the Construction of New Detention Centres for Undocumented Migrants in Evros

Government plans to build three new detention centers for undocumented immigrants in the Greek northern prefecture of Evros have come up against strong resistance from local authorities. Mayors from several municipalities in Evros criticised the project, highlighting the fact that the prefecture already has two facilities for migrants and accommodates dozens more in police detention cells. In a written statement, a regional committee made up of local authority officials and advisers also underlined a lack of information from the central government regarding these new detention centres for undocumented migrants. The prefecture of Evros also witnesses the controversial planned construction of a wire fence along a 12.5-kilometer stretch of the Greek-Turkish border, aiming to slow the influx of would-be migrants entering Greece irregularly.
Source: Ekathimerini.com, 31 May 2011

ITALY / New law decree extends detention of irregular migrants to 18 months

The Italian government coalition lost both the last administrative elections and the battle over a symbolic referendum in the last months and fearing to lose the support of the extreme-right party Lega Nord, has approved a new law decree on 16 May 2011 that extends detention of irregular migrants in identification centres for up to 18 months. This is the maximum allowed by the EU “Return Directive”. The decree also includes the forced deportation of all irregular migrants, including European citizens that have committed a crime. Civil society organisations and the political opposition have labelled the measure as outrageous and useless. In fact, while violating even more migrants’ human rights, it will not help in raising the number of expulsions, because as Italian Refugee Council Director, Christopher Hein explains, the identification process is done in the first months and if the person is judged “non-removable”, she or he will remain so till the end of the detention.
Source: La Repubblica, 16 May 2011

Italian journalist Raffaella Cosentino managed to obtain a press permit to visit the temporary Identification and Expulsion Centre of San Gervasio in Potenza, Italy, despite the government’s measure forbidding entrance to such centres to the press. Inside the Centre around 60 Tunisians, waiting to be repatriated, have been kept in isolation. No communication is allowed, let alone seeing a lawyer. The Centre became a reclusion centre despite being instituted as reception centre in April 2001. Journalist Cosentino managed to get a video made by the migrants. It portraits the reality of such centres, with fights, beatings by police officers and attempts to escape the centre’s high walls. The video is available here.
Source: la Repubblica, 10 June 2011

ITALY / Tension in detention centres results in suicide attempts

On 2 June 2011, 28 Tunisians attempted suicide in Lampedusa Island detention centre. Some swallowed blades, pieces of iron or glass, others cut their veins. The island hosts no hospital but a health centre where the injured were brought for first aid assistance. Those injured worse have been brought by helicopter to the hospitals of Palermo and Agrigento. The happening followed the repatriation of 35 people to Tunisia. Tension in the island remains high as the reception centre became a detention one where people are kept waiting without legal basis.
Source: Fortress Europe, 3 June 2011

A new report by Human Rights Watch has found that detained immigrants facing deportation in the United States are being transferred, often repeatedly, to remote detention centres by US Immigration and Customs Enforcement (ICE). The report, “A Costly Move: Far and Frequent Transfers Impede Hearings for Immigrant Detainees in the United States,” analyses 12 years of data. It finds that the transfers separate detained immigrants, including legal permanent residents, refugees, and undocumented people, from the attorneys, witnesses, and evidence they need to defend against deportation. Such transfers can in turn violate their right to fair treatment in court, slow down asylum or deportation proceedings, and extend their time in detention.
Source: Human Rights Watch, 14 June 2011

Publications and other Resources

With the Vía PanAm project, renowned Dutch photographer Kadir Van Lohuizen will travel on the Pan-American Highway, a legendary 25,000 km route from Tierra del Fuego (Chile) to Prudhoe Bay (Alaska, USA), and report through photo, video and audio materials on the issues of migration and living conditions of the population. The project can be followed here.

Events

The OSCE Special representative and Co-ordinator for Combating Trafficking in Human Beings is organizing the 11th Alliance against Trafficking in Persons on 20-21 June 2011 in Vienna, Austria. The conference will consider the issue of labour migration policy and anti-trafficking actions, codes of conduct, the role of workers and their organisations, access to remedies and social inclusion of trafficked persons. Ms. Michele LeVoy, PICUM Director, will take part in a panel on Labour and Migration Policy and Anti-Trafficking Action. For further information on the conference please visit the OSCE website.

Statewatch organises conference on Civil Liberties in the EU

On the occasion of Statewatch’s 20th anniversary, a one-day conference on entitled “Statewatching Europe: Civil liberties, the state and the EU” is towill take place in London on Saturday 25 June 2011. The conference will explore, through parallel workshops, the war on terror, racism and xenophobia, and will also focus on the Stockholm Programme and EU immigration and asylum policies. Full programme and registration form is available here.

Other News

GERMANY / TV-Show “Tatort” airs episode on FRONTEX

On 15 May 2011, German TV Channel ARD aired an episode of critically-acclaimed TV show “Tatort” dealing with the death of undocumented migrants at sea during a rescue operation by the EU’s External Borders Agency FRONTEX. In this episode, entitled “Der illegale Tod”, issues such as the responsibilities and the legitimacy of FRONTEX are raised in a critical way. This episode has triggered several reactions in German newspapers and radio shows – Radio Bremen published articles on its website on the topic of external borders, refugees and FRONTEX. To read the reactions on the website of Radio Bremen (in German) click here.

Photographer Henk Wildschut has won the Dutch Doc Award with his reportage ‘Shelter’ on undocumented migrants who constructed their own tents and huts in Greece, Italy, Spain and France. The photos can be viewed on Henk Wildschut’s website.
Source: Radio Nederland Wereldomroep, 11 June 2011